What state law should I go by to get a divorce?

Q: Does Texas recognize out of state divorce?

Yes, Texas recognizes out-of-state divorces as long as the divorce was granted by a court that had jurisdiction over the parties involved. However, if you plan to remarry in Texas, it's crucial to ensure that your divorce is finalized and properly documented before doing so.

Full question:

If I am in the Navy in Virginia and my wife is in Texas where we got married and I am from Texas what state law would I go by to get a divorce?

Category: Divorce
Date: 04/07/2025
State: Virginia

Answer:

Most states have residency requirements to obtain a divorce. In order to obtain a divorce in Virginia, at least one of the parties to the divorce action must have been (and still be) an actual and bona fide resident of the State of Virginia for at least six (6) months prior to the filing of the divorce action. A suit for divorce may not be maintained in Texas unless at the time the suit is filed either the petitioner or the respondent has been:

(1) a domiciliary of this state for the preceding six-month period; and

(2) a resident of the county in which the suit is filed for the preceding 90-day period.

Please see the information and forms at the following links:

http://lawdigest.uslegal.com/divorce/state-law-summary/5317/

http://lawdigest.uslegal.com/divorce/state-law-summary/5683/

http://www.uslegalforms.com/divorce/virginia-divorce-forms.htm

http://www.divorcenet.com/military

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

What is the 10-10-10 rule in military divorce?

The 10-10-10 rule refers to the division of military retirement benefits in a divorce. It states that if a couple has been married for at least 10 years during which the service member performed at least 10 years of military service, the non-military spouse may be entitled to a portion of the military retirement pay. This rule helps ensure that the non-military spouse receives a fair share of the benefits accrued during the marriage.

What does every Virginia military wife need to know about divorce?

Virginia military wives should understand that they have specific rights regarding property division, spousal support, and child custody. They should also be aware of the Servicemembers Civil Relief Act, which can delay divorce proceedings if the service member is on active duty. It's important to consult with a lawyer experienced in military divorce to navigate these unique legal aspects.

What not to do during separation in Virginia?

During separation in Virginia, avoid making major financial decisions without consulting your spouse or a lawyer. Do not engage in behaviors that could be seen as harmful to your children or your spouse. Additionally, refrain from discussing divorce or separation details on social media, as this could affect your legal standing in court.

Does Texas recognize out of state divorce?

What does a military wife get in divorce?

In a divorce, a military wife may be entitled to various benefits, including a share of the military retirement pay if they meet the 10-10-10 rule. She may also receive spousal support and child support, depending on the circumstances of the marriage and the needs of the children. Each case is unique, so consulting a legal expert is advisable.

What every Virginia military wife needs to know about divorce?

Virginia military wives should be aware of their rights regarding property division, child custody, and spousal support. They should also know about the impact of military service on divorce proceedings, including potential delays due to the Servicemembers Civil Relief Act. Consulting with a legal professional experienced in military divorce can provide valuable guidance.